CPUC Commission Meeting - October 15, 2009

1.

PUBLIC COMMENT

[view discussion of item 1] 2 minutes 37 seconds

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2.

CONSENT AGENDA

Please see complete Consent Agenda here (pages 3-42, items 1-43).

Items 2,3,7,10,13,16,17,19,35 and 42 held for 10/29/09 Agenda; Item 5 held for 11/20/09 Agenda; Item 9 taken up with Regular Agenda

[view discussion of item 2] 54 seconds

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3.

REGULAR AGENDA

Regular Agenda - Energy Orders

Item 44

[8617] San Diego Gas & Electric Company for Approval of the Celerity Distributed Generation Supply Contract
A08-10-003
PROPOSED OUTCOME:
Denies San Diego Gas & Electric Company's application for approval of the Celerity Distributed Generation Supply Contract.
Closes the proceeding.
ESTIMATED COST:
None.
(Comr Bohn - ALJ Farrar)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=400543
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Agenda 3238, Item 6 7/30/2009 (Bohn ); Agenda 3239, Item 7 8/20/2009 (Bohn ); Agenda 3240, Item 3 9/10/2009 (Pub. Util. Code §311(e)); Agenda 3241, Item 34 9/24/2009 (Peevey)

Item 44a

[8847] ALTERNATE TO ITEM 8617
PROPOSED OUTCOME:
This alternate decision differs from the Administrative Law Judge’s proposed decision in that it:
Determines that the low cost capacity and emission reductions provided by the contract justify its approval;
Approves the contract contingent upon the contract capacity qualifying to meet resource adequacy requirements and upon installation of air emission filters on the generation units involved in the contract.
Application 08-10-003 is closed.
ESTIMATED COST:
The contract costs are confidential at this time.
(Comr Bohn )
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=401734
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3241, Item 34a 9/24/2009 (Peevey)

[view discussion of item 3] 10 minutes 22 seconds

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4. Item 9

[8779] Rejection of AT&T California's Advice Letter
PROPOSED OUTCOME:
Supports the Communications' Division rejection of AT&T California's Advice Letter No. 32304
ESTIMATED COST:
There is no cost associated with this resolution.
https://docs.cpuc.ca.gov/cyberdocs/AgendaDoc.asp?DOC ID=401954
Pub Util Code § 311 - This item was mailed for Public Comment.

[view discussion of item 4] 16 minutes 30 seconds

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5. Item 45

[8853] Settlement Agreement Between Division of Ratepayer Advocate and Golden State Water Company on Behalf of its Bear Valley Electric Service Division
A08-06-034 In the Matter of the Application of Golden State Water Company for Authority to Increase Rates for Electric Service by its Bear Valley Electric Service Division.
PROPOSED OUTCOME:
Adopts the settlement agreement entered into by Bear Valley Electric Service and the Division of Ratepayer Advocates in this general rate case.
Closes the proceeding.
ESTIMATED COST:
$6,392,000. (Comr Simon - ALJ Farrar)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=E24951
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Taken up with Consent Agenda

6. Regular Agenda - Energy Resolutions and Written Reports

Item 46

[8518] Moorpark-Newbury 66 kV Subtransmission Line Res E-4243, Advice Letter 2272-E, filed on October 2, 2008 - Related matters.
PROPOSED OUTCOME:
Affirms a prior Executive Director’s Action Resolution E-4225 findings related to Southern California Edison’s (SCE’s) proposed Moorpark-Newbury 66 kV Subtransmission line.
Finds that: (1) SCE complied with the notice requirements for the proposed construction of facilities; (2) The proposed facilities were exempt from Permit to Construct requirements; (3) Facts claimed in protests to Executive Director’s Action Resolution did not support a finding that General Order 131-D exemption criteria applied.
Dismisses protests.
ESTIMATED COST:
Moorpark-Newbury 66kV Subtransmission Line was filed as Advice Letter 2272-E Notice of Proposed Construction Project Pursuant to General Order 131-D; therefore, no cost information is provided or required for Permits to Construct.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=400367
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 25 6/4/2009 (Staff); Agenda 3236, Item 43 6/18/2009 (Staff); Agenda 3237, Item 32 7/9/2009 (Staff); Agenda 3240, Item 46 9/10/2009 (Staff); Agenda 3241, Item 38 9/24/2009 (Staff)

Held for 10/29/09 Agenda.

7. Item 47

[8520] Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company Qualifying Facilities Contracts
Res E-4242, Advice Letter (AL) PG&E AL 3197-E, SDG&E AL 1958-E and SCE AL 2200-E, filed on January 14, 2008, Supplemental AL PG&E AL 3197-E-A, SDG&E AL 1958-E-A and SCE AL 2200-E-A, filed on July 11, 2008, and Supplemental AL PG&E AL 3197-E-B, et al. - Related matters.
PROPOSED OUTCOME:
Adopts, with modifications, the Qualifying Facility (QF) Standard Offer Contracts proposed by Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE) and San Diego Gas & Electric Company (SDG&E). Upon adoption, there will be one QF Standard Offer Contract across all three electric Investor Owned Utilities (IOUs).
The new contract may be signed by new and existing QFs with expired contracts in addition to QFs pursuing other contracting methods such as participating in an IOU’s Request for Offer process or negotiating a bilateral contract.
ESTIMATED COST:
Adoption of this resolution does not imply any specific cost. However, upon adoption, the utilities may enter into contracts with new or existing QFs.
These contracts will form part of the utilities’ procurement costs for electricity.
It is impossible to know in advance the total cost of those contracts but, in the past, QF power has represented no more than 20% of the utilities’ portfolio.
Contracts executed with existing QFs should not result in any additional costs as the utilities were already purchasing power from these QFs in the past.
Contracts signed with new QFs will represent new incremental expenditures, but this spending will be offset by the reduced need for new generation as a result of contracting with the new QF.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=400404
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 26 6/4/2009 (Staff); Agenda 3236, Item 44 6/18/2009 (Staff); Agenda 3237, Item 33 7/9/2009 (Staff); Agenda 3238, Item 47 7/30/2009 (Staff); Agenda 3239, Item 55 8/20/2009 (Staff); Agenda 3240, Item 47 9/10/2009 (Staff); Agenda 3241, Item 39 9/24/2009 (Staff)

Held for 10/29/09 Agenda.

8. Item 48

[8754] Energy Efficiency 2006-2008 Interim Verification Report
Res E-4272
PROPOSED OUTCOME:
Adopts the interim Verification Report prepared by the Energy Division to verify the costs and installations of the Investor Owned Utilities’ energy efficiency program activities during the 2006-2008 program period.
ESTIMATED COST:
None.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=401953
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3240, Item 49 9/10/2009 (Staff); Agenda 3241, Item 40 9/24/2009 (Bohn )

Taken up with Consent Agenda.

9. Item 49

[8804] Pacific Gas and Electric Company and Southern California Edison Company Departing Service Charges
Res E-4226, PG&E Advice Letter (AL) 3446-E, Filed on April 2, 2009; and SCE AL 2320-E, Filed on February 9, 2009 - Related matters.
PROPOSED OUTCOME:
Clarifies that New World Generation Charges do not apply to Customer Generation or Municipal Departing Load.
Clarifies that Vintaged Cost Responsibility Surcharge (beginning with the 2009 vintage) will be effective for non-exempt customers departing bundled service on or after the effective date of this resolution.
The Power Charge Indifference Adjustment shall vary by customer class in the same proportion as ongoing Competition Transition Charges.
ESTIMATED COST:
No cost impact.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=400390
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3241, Item 42 9/24/2009 (Staff)

Held for 10/29/09 Agenda.

10. Regular Agenda - Communication Resolutions and Reports

Item 50

[8817] Revisions to California High Cost Fund-B Fund Surcharge
Res T-17215
PROPOSED OUTCOME:
Revises the California High Cost Fund-B (CHCF-B) Fund surcharge rate from 0.25% to 0.45% effective on December 1, 2009 and thereafter so that there are sufficient program revenues to cover program expenditures.
ESTIMATED COST:
Increase the CHCF-B Fund surcharge revenue by an estimated $30 million for the remainder of Fiscal Year (FY) 2009-10 and by about $46 million for FY 2010-11.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=401107
Pub. Util. Code § 311 – This item was mailed for Public Comment.

Taken up with Consent Agenda.

11. Item 51

[8855] Funding for the Mother Lode Broadband Project of Rapid Link Inc. and Mother Lode Internet for Underserved Areas
Res T-17225
PROPOSED OUTCOME:
Adopts California Advanced Services Funding (CASF) for Mother Lode Broadband Project in underserved areas covering Alpine, Amador, Calaveras, Tuolumne, and Mariposa Counties.
ESTIMATED COST:
$3,110,064 from the CASF which represents 40% of the total project cost to provide a new level of speed throughout the Mother Lode region.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=391778
Pub. Util. Code § 311 – This item was mailed for Public Comment.

Held for 11/20/09 Agenda.

12. Regular Agenda - Transportation/Rail Safety Resolutions and Reports

Item 52

[8816] Funding for Maintaining Automatic Grade Crossing Protection Devices
Res SX-93B PROPOSED OUTCOME:
Recommendation to the California Transportation Commission for increasing funding under the California Public Utilities Code Section 1231.1 to an amount of $3,850,000 to be set aside in fiscal year 2010-11 for maintaining automatic grade crossing protection devices.
ESTIMATED COST:
Not within the scope of this resolution.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=401327
Pub. Util. Code § 311 – This item was mailed for Public Comment.

Taken up with Consent Agenda.

13. Regular Agenda - Legal Division Matters

Item 53

[8821] Comments Before Federal Communications Commission Regarding Wireless Markets
WT Docket No. 09-66 In the Matter of Implementation of Section 6002(b) of the Omnibus Budget Reconciliation Act of 1993, Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless including Commercial Mobile Services, WT Docket No. 09-66; Notice of Inquiry, FCC 09-67.
The Federal Communications Commission seeks to expand and enhance its analysis of competitive conditions in the entire wireless market. Staff recommends that the California Public Utilites Commission file comments supporting this inquiry into competition in the wireless market, and supporting use of the existing four indicators for CMRS competition which include assessment of market share and integration.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=400925
Agenda 3241, Item 45 9/24/2009 (Staff)

Taken up with Consent Agenda.

14. Regular Agenda - Legislative and Other Matters

[view discussion of item 14] 15 minutes 14 seconds

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15. Regular Agenda - Commissioner's Reports Item

54

[8748] Appointments to the Low Income Oversight Board
Commissioner Grueneich Report

Discussion and action regarding the appointment to the Commission’s Low Income Oversight Board (LIOB) of Ortensia Lopez and Louise Perez as public representatives and Allan Rago as the private contractor representative. The 11-member LIOB advises the Commission on low-income electric, gas, and water customer issues and serves as a liaison for the Commission to low-income ratepayers and representatives.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=401685
Agenda 3239, Item 59 8/20/2009 (Grueneich); Agenda 3240, Item 51 9/10/2009 (Grueneich); Agenda 3241, Item 48 9/24/2009 (Staff)

[view discussion of item 15] 2 minutes 53 seconds

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16. Commissioner Simon Report

[view discussion of item 16] 8 minutes 44 seconds

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17. Commissioner Grueneich Report
Other

[view discussion of item 17] 5 minutes 15 seconds

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18. Commissioner Bohn Report

[view discussion of item 18] 2 minutes 45 seconds

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19. Commissioner Chong Report

[view discussion of item 19] 4 minutes 16 seconds

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20. President Peevey Report

[view discussion of item 20] 1 minutes 18 seconds

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21. Regular Agenda - Management Reports and Resolutions

Chief A.L.J. Karen Clopton

[view discussion of item 21] 4 minutes 7 seconds

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22. Regular Agenda - Management Reports and Resolutions

Denise Tyrrell

[view discussion of item 22] 1 minutes 44 seconds

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23.

CLOSED SESSION

Please see complete Closed Session agenda here (pages 57-65).

[view discussion of item 23] 26 seconds

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